The Gazette 1927-30

THE GAZETTE OF inrurjmratEii fain ai

Vol. XXI, No. 1.]

MAY, 1927.

f FOR CIRCULATION L AMONGST MEMBERS.

CONTENTS.

PAGE

Meeting of the Council

2

Obituary

2

Examination Results

3

Rules of High Court

3

Registration of Title

4

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THE GAZETTE OF THE

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C FOR CIRCULATION AMONGST MEMBERS

MAY, 1927.

Vol. XXI, No. 1]

on which Free State affidavits are now printed. It was ordered that a communication be addressed to the Controller of the Stationery Office on the siibject. Obituary. MR. CECIL L. SMITH, Solicitor, died upon the 3rd April, 1927, at his residence, 25 Wellington Place, Dublin. Mr. Smith served his apprenticeship with the late Mr. R. H. Beauchamp, Dublin ; was admitted in Trinity Sittings, 1905, and practised formerly at Kingsbridge Terminus, Dublin, as Assistant Solicitor to the Great Southern and Western Railway, and latterly at 25 Merrion Square, Dublin. Inland Revenue Mr. Kenny was admitted in Easter Term, 1864, and practised at Limerick up to 1921, when he retired. He was Provincial Delegate on the Council of the Society for the Province of Munster from 1916 to 1919. MR. RICHARD BLAIR WHITE, Solicitor, died upon the 10th April, 1927, at his residence, 33 Leeson Park, Dublin. Mr. White was admitted in Hilary Sittings, 1879, and practised as a member of the firm of Messrs. White & White, at 13 Upper Ormond Quay, Dublin. He was a member of the Council of the Society from 1909 to 1924, and was President of the Society for the year 1919-20. MR. JAMES A. SCOTT, Solicitor, died upon the 19th April, 1927, at his residence, " lona," Kenilworth Park, Dublin. Mr. Scott was admitted in Trinity Sittings, 1879, and practised at 22 Chancery Street, Dublin. Solicitor, died at " Donore," MR. THOMAS H. KENNY, upon the 2nd April, 1927, Little Bray, Co. Dublin.

Annual Subscriptions. Members are reminded that their annual subscription to the Society became due on the first day of May, as follows : Town Members and Country Mem– bers of more than three j'ears' standing, who desire to be en– titled to vote at election of ordinary members of Council Other Country Members ... Members who have been admitted to the profession less than three years =£1 0 o 10 0 10 0 Meeting of the Council. April 7th. Twenty-two Members present. Bankruptcy and Winding-up Laws. A letter was read from the Secretary of the Committee appointed by the Minister for Industry and Commerce inviting evidence from the Society in reference to the law and procedure of bankruptcy and arrangements. The matter was referred to a Special Com– A letter was read from a Dublin member, enclosing copy of an anonymous communica– tion received by him and by other members, in which it was suggested that the action of Solicitors in inserting in daily newspapers advertisements over their names of houses for sale and letting, and inviting applications from prospective purchasers or tenants, is a breach of professional etiquette. The mem– ber requested the expression of the view of the Council on the matter. A reply was directed stating that in the opinion of the Council such action on the part of a Solicitor is not a breach of professional etiquette. Inland Revenue Affidavits. A letter was read from a member drawing attention to the inferior quality of the paper mittee of the Council. Professional Etiquette.

The Gazette of the Incorporated Law Society of Ireland.

MAY, 1927]

Examination Results. At the Preliminary Examination held on llth and 12th April, the following passed the examination, and their names are arranged in order of merit: 1. Timothy Linehan. 2. Robert Geary. 3. Brian O'Brolchain. 4. Thomas A. O'Gorman. 5. Mary Neilan.

Rules of High Court. The following amendment of the High Court Rules of 13th July, 1926, was made by the Minister of Justice on 14th April, 1927, with the concurrence of the Rules Committee, and has been approved of by the resolution of both Houses of the Oireachtas : Rule 4 of Order VII. of the High Court Rules of 13th July, 1926, shall be annulled, and there shall be inserted in lieu thereof the following new Rule : 4. In case of default of appearance of any Defendant (other than such Defendant as is in Rule 2 hereof mentioned) to a Summary Summons or to a Plenary Summons on foot of a liquidated demand, such Judgment may be given on the hearing of the Summons as the Master or the Judge, as the case may be, may consider the Plaintiff to be entitled to, but no judgment by default shall be entered for any debt or liquidated demand under . this Rule until an affidavit shall have been filed specifying the sum then actually due. Rules 1 and 2 of Order XV. of the said Rules shall be annulled, and there shall be inserted in lieu thereof the following new Rules : 1. Every Summary Summons endorsed with a claim under Order 111, Rule 1 (L), to which an appearance has been entered shall be set down by the Plaintiff for hearing by the Master on the first available day, as the Master may fix, not being less than four clear days from service upon the Defendant of notice of such setting down. An Affidavit showing that the Plaintiff is entitled to the relief claimed shall be served together with the notice. 2. Every Summary Summons endorsed with a claim under Order 111, Rule 1 (ii.), to which an appearance has been entered shall be set down by the Plaintiff for hearing by the Master on the first available day, as the Master may fix, not being less than four clear days from the service upon the Defendant of notice of such setting down. An Affidavit showing that the Plaintiff is entitled to the possession of the land claimed to be recovered and to the other relief claimed (if any) shall be served together with the notice.

6. Michael J. O'Brien. 7. Henry J. Shanahan. 8. Hugh C.-McGahon. 9. Thomas A. O'Reilly. 10. John H. O'Keeffe. 11. James H. G. German. 12. Thomas J. Batty. 13. John L. McDowelJ. 14. Frederick W. Conway "1 16. Henry L. Cosgrove. 17. Arthur G. Fegan. 18. Thomas A. Riordan. 19. John A. Ryan. 20. Bernard Clare. 21. Thomas D. Kelly \ William J. Ryan ,, ,. T T Martin J. Lavan }

,

equal.

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Twenty-five

candidates

attended:

22

passed ;

3 were postponed.

At the Final Examination held on 4th, 5th and 6th April, the following passed the examination, and their names are arranged in order of merit: 1. Peter P. Wilkinson. 2. James S. Byme. 3. Patrick Byrne. 4. James A. Rice. } 'Frederick W. D. Moorhead, I equal. B.A., N.U.I. J 8. Mark F. Conroy. 9. Frederick G. Patterson. 10. John S. MacNeice. 11. William T. M. Ardill. 12. Frederick H- Charles. 13. Frederick J. Dempsey. 14. Maurice de L. Staunton. The Council awarded a Silver Medal to Peter P. Wilkinson and a Special Certificate to James S. Byrne. Twenty-three candidates attended: 14 passed ; 9 were postponed. 5. George Crowley. 6. Vincent P. Dillon

The Gazette of the Incorporated Law Society of Ireland.

[MAY, 1927

the decree of the Court, it frequently appears that they have not been served with notice of the decree, and are not bound ; and an attempt is made to get over the difficulty by giving details of the various enquiries and accounts made and taken in the suit. The Registrar objects to this duty being imposed on him. It is no part of his duty to investigate or inquire into proceedings in the Chamber of a Court consequential on its decree. Such action on his part, when undertaken, is misunderstood, and is, and ought to be, objected to by the County Registrars. On a sale through the Court it is the dutv of the Solicitor for the purchaser to get a transfer from the necessary parties, and the only duty of the Registrar is to register the purchaser and to cancel those burdens on the Register (a) discharged by the exercise of an over– riding power of sale ; or (6) whose owners concur in their cancella– tion ; or (c) whose owners are parties to the suit either originally or by notice, and are bound by the decree of the Court. The Registrar, therefore, notifies Solicitors that where a purchaser of registered land sold by Order of a Court does not lodge in the Registry a transfer from the owner of a first charge in exercise of his power of sale (if any), or from the registered owner with the express concurrence of the owners of the registered burdens, he will not cancel any burden on the Register unless the owner of it is (a) a party to the transfer ; or (6) a plaintiff or defendant in the suit ; or (c) a person who has been served with notice of the decree in accordance with the Rules of the Court. The only proof of service of notice that the Registrar will accept is i. the evidence of the service produced to and accepted by the Court ; or ii. a Certificate of the County Registrar that service of notice of the decree was made in accordance with the Rules of the Court. In future, therefore, if Solicitors for purchasers omit to procure the concurrence of owners of burdens or the proper evidence that they are bound by the proceedings in which the land was sold, their purchasers will be registered as owners subject to the burdens, which will remain on the 'Register till the Solicitors obtain the concurrence of their owners to their cancellation by such application to the .Court in which the land was sold, or otherwise, as they may be advised. Attention is also drawn to the fact that judgment mortgagees have no power of sale. The majority of Solicitors, of course, know this ; but, from transfers lodged in the Registry, it would appear that some do not. ALL communications connected with THE GAZETTE (other than advertisements) should be addressed to the Secretary of the Society, 45 Kildare Street, Dublin.

Registration of Title.

The Registrar has sent following Memorandum, with a request for its publica– tion in the Society's GAZETTE : Attention is drawn to the difficulties and delays in registration caused by the omission of Solicitors for purchasers to obtain the concurrence of the necessary parties to transfers of registered land sold under Orders of the Circuit Courts in mortgage and other suits. It should be clearly understood that the parties necessary to a conveyance of unregistered land on a sale through the Court are also necessary to a transfer on a sale of registered land. On a sale of unregistered land under an Order, the purchaser, to perfect his title, must obtain a conveyance i. from the owner and all persons appearing on the title to have incumbrances on it; or ii. from the first mortgagee exercising his power of sale and conveying the land free from all incumbrances to which his mortgage has priority. (See Conveyancing Act, 1881, S. 21 (1). In the same way, on a sale of registered land under an Order, the purchaser should obtain i. a transfer from the registered owner and the persons entitled to the incumbrances on the register which are to be cancelled on the registration ; or ii. a transfer from the first mortgagee in exercise of his power of sale, if he has one. In practice Solicitors for purchasers of registered land frequently lodge in the Registry transfers which are not executed by the persons above mentioned. The transfer usually lodged is by the registered owner only, accompanied by the Order for Sale. Apparently it is thought that an Order for Sale authorises the Registrar to cancel all the burdens registered on the land. This is not so. An Order of a Court is only binding on the parties to the proceedings in which it was made. Unless, there– fore, the owner of a burden concurs in the transfer to the purchaser, it is necessary to show that he is bound by the decree of the Court in which the Order was made. The persons bound by a decree or judgment of a Court are (a) the plaintiffs and defendants ; and (6) the persons served with notice of the decree or judgment pursuant to the Chancery (Ir.) Act, 1867, S. 66, Rules 7 and 9, and Order 18, Rule 22, of the County Court Orders of 1890, or the corresponding Rule of the Circuit Court Rules when in force. It is to be specially noted that an advertisement for claims in newspapers, or a letter or notice sent by a Solicitor to incumbrancers, is not notice to them within the meaning of the Rule (Duff v. Devlin (1924), 1 Ir. R. 56). When incumbrancers on the Register do not concur in the transfer, and the purchaser is required by the Registrar to show that they are bound by the

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Inrnnmratetr fain ^oddv tff n ^5

Vol XXI No 21 UI. /N./N.I, I U. ^.J

JUNE U I C.,

1Q27 !».£/.

T FOR CIRCULATION L AM NGST MEMBERS

CONTENTS.

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Half-Yearly General Meeting

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Obituary

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New Members

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List of Statutes passed by the Oireachtas from 1st January, 1927, to Dissolution of Bail ... ... ... ... ... 9 Juries Act, 1927 ... ... ... ... ... ... 9 Intermediate Examination ... ... ... ... ... 10 Solicitors' Golfing Society ... ... ... ... ... 10

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Vol. XXI, No. 2]

JUNE, 1927.

FOR CIRCULATION AMONGST MEMBERS

Half-yearly General Meeting. The Half-yearly General Meeting of the Society was held on Monday, the 16th May, in the Offices of the Society, 45 Kildare Street, Dublin. Mr. W. T. Sheridan, President, occupied the Chair. The following members were also present : R. G. Warren, C. Gamble, J. Moore, A. H. S. Orpen, T. G. Quirke, A. D. Orr, B. Thompson, J. G. Reid, H. Concanon, J. W. Dyas, W. H. Fry, R. N. KeUer, E. T. Ryan, E. R. McC. Dix, E. R. Bate, F. E. Bermingham, R. D. English, V. Kennedy, W. H. C. Lloyd, E. Condell, E. J. Kenny, E. J. Mallins, H. Malley, A. T. Ellis, V. F. Kirwan, V. E. Kirwan. The Secretary read the notice convening the meeting, and also the Minutes of the Half-yearly General Meeting held in November last, which latter were confirmed and signed. Upon the motion of Dr. Quirke, seconded by Mr. Moore, it was resolved that Mr. W. W. Carruthers, Mr. T. A. Ireland, and Mr. E. J. Mallins be appointed Auditors of the Society's Accounts for the year ending 30th April, 1927. The President nominated the following members to act as Scrutineers of the ballot for Council to be held on 21st November next : Mr. E. F. Collins, Mr. M. Dawson, Mr. R. French, Mr. F. G. Sharpe, and Mr. N. Taylor. THE PRESIDENT, addressing the meet– ing, said : It is customary for the President at the May Meeting of the Society to make some

observations on passing events affecting the interests of our profession. We had recently to deplore the loss of one of our past Presidents, the late Mr. R. Blair White, who was well known to, and much respected by,- his fellow-practitioners. For fifteen years he performed much useful work on the Council, and in the year 1920 he filled the presidential chair with dignity and credit to the profession. I am sure you all join with me in tendering our sympathy to his relatives. Until new machinery is tested, the engineers or builders cannot be sure that it will run smoothly, and satisfactorily carry out the work for which it was intended, and if, as a result of such test, any defects or matters requiring adjustment become apparent, the necessary alterations are made without delay. The judicial machinery erected under the Courts of Justice Act, 1924, is no exception to this principle. The Rules of the High and Supreme Court came into operation on the 1st October last, and very soon it became apparent that the provision of Order XV., Rules 1 and 2, which required that an affidavit showing that the plaintiff was entitled to the relief claimed should be served together with the originating summons, caused considerable delay to creditors and fulfilled no useful purpose. The position was very much aggravated by a decision of Mr. Justice Hanna in January last, the effect of which was that the affidavit required to be sworn by the plaintiff under Order XV. was an affidavit " verifying his cause of action and the amount claimed (if any)." In other words, a plenary affidavit

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The Gazette of the Incorporated Law Society of Ireland.

the same as was required for aAnal judgment motion under the previous rules. Considering that, up to the time of this decision, only what I might describe as bald affidavits of debt had been served with originating summonses, the matter became very serious, and accordingly a deputation from your Council waited on the President of the High Court, and laid the facts before him. The President, who received the deputation most courteously, fully appre– ciated the seriousness of the position that had arisen, and said he would communicate at once with the Chief Justice, with a view of having a meeting of the Rule-making Authority summoned for an early date. The meeting was called for the following week, and as your President I attended and handed in the draft of suggested new rules which had been approved by your Council. These Rules, with very slight alterations, were adopted by the Rule-making Authority, and have since been approved by resolution of each House of the Oireachtas, as required by the Act, so that now no affidavit has to be served with an originating summons. A simple affidavit of debt is sufficient to mark judgment in default of appearance, and a plenary affidavit verifying the cause of action is required only when the defendant has entered an appearance, and the plaintiff applies for judgment under Order XV. In other words, the practice in this respect is the same now as it was under the J udicature Acts. This defect in the machinery has thus been set right. The next defect in the judicial machine is a more serious one, and is of grave importance, not only to both branches of the legal pro– fession but to the public. I refer to the system of appeal from a Judgment or Order of the Circuit Court in Civil cases grounded on a stenographer's notes, as set up by S. 62 of the Act of 1924. In his speech, moving the adoption of the Report of your Council in November last, your late President (Dr. Quirke) spoke of this matter, and referred to the many com– munications your Council had received from the Sessional Bars and Solicitors throughout the country on the subject of these Appeals, and in his, usual clear and masterly way set out many. pf,.the objections to the system. The complaints growing louder and louder,

a deputation from your Council waited on the Minister for Justice in March last, and put before him the many grounds on which it was desired that this section of the Act should be repealed or amended. The Minister received the deputation most courteously, and gave an attentivejiearing to the members during a long interview. I will not weary you by stating the whole case put forward by your Council, as you are all familiar with the many objections to the new system, but will content myself with naming a few. In the first place, we pointed out that the initial hearing of the Civil Bill by the Circuit Court Judge now occupied far more time to enable the stenographer to take a note of the evidence ; that no shorthand writer, no matter how proficient in his art, could take a full and accurate note of all the evidence, particularly the cross-examinations of the witnesses ; that the Judges hearing the Appeal, not having the great advantage of seeing the demeanour of the witnesses in the box, were not in a position to test the value of the evidence ; that the cost to the litigants was nearly doubled ; and, generally, that the system was slow, costly and unsatisfactory. Complaint was also made of the great delay in hearing the Appeals, but, as you are aware, four Commissioners have recently been appointed to clear off the arrears. The Minister in his reply stated it was a remarkable thing that not one of the signatories to the Report of the Judiciary Commission on which the Act of 1924 was framed had signified his disapproval of the new system. To my mind this fact carries no weight, because of the twelve Commis– sioners ten are now either Judges or hold official positions whose duty is to administer the law as they find it and not to criticise it. Of the remaining two, one is a past President of the Chamber of Commerce, and the other is Mr. P. J. Brady, a former President of this Society, who recently in the Seanad publicly stated that although he signed the Report, he was never in love with the system, and from his experience of its working he thoroughly disapproved of it. Another matter on which the Minister laid great stress was the manner in which he alleged the trial of Civil Bills was conducted in the late County Courts. He described it as " a run over the course," each side waiting

, 1927

fhe Gazette of the Incorporated Law Society of Ireland.

" Remuneration of Official Steflograp'rie'rs attached to the Circuit Court for trie takiiig of shorthand notes of evidence arid' the transcription of same where necessary," arid a sum of £400 is provided for travelling expenses. I think I do not exaggerate wrieri' I s'ay that in only 10 per cent, of the cases heatd by the Circuit Judge are Appeals lodged, and, . therefore, in 90 per cent, of the cases the shorthand notes represent so much money wasted. ; '. There is a rumour that th'efe'is; ail ihte'nticfri to have tnese stenographers placed On trie1 permanent staffj which would' qualify therh for pensions. To do so in fade of the strong condemnation of the systerri throughout the country would be a scandal. Appeals on stenographer's notes have had a fair trial arid have been found wanting, and the system must eventually be altered. Your Council are making alt'erationsjin the Curriculum for the Intermediate and Filial Examinations for Apprentices which will come into operation next year, and which it is hoped and believed will put a check on the Cramming system, and ensure that tile Solicitors of the future will be qualified to maintain our title to be ranked amongst the learned professions. Obituary. MR. MICHAEL C. FEENY, Solicitor, died upon 3rd May, 1927, at his residence, " St. Columb's," Londonderry. Mr. Feeny was admitted in Michaelmas Sittings, 1892, and practised at Londonderry. MR. PATRICK O'BRIEN, Solicitor, died upon the 3rd May, 1927, at his residence, 5 Eyre Square, Galway. Mr. O'Brien served his apprenticeship'with the late Mr. James W. Blake, Galway; was admitted in Trinity Sittings, 1899', and practised at Galway.

to see what' case his opponent was going to make, and then the real trial took place, on the Appeal before the Judge of Assize ; and, he said, one of the objects of the Appeal on stenographer's notes was to put a stop to this abuse. Admitting, for the sake of argument, that the Minister had some grounds for this complaint, the abuse referred to could be stopped by slight amendment of the old system. Speaking for myself only, I would suggest as a remedy that no evidence, either oral' of documentary, should be admitted on the Appeal other than that produced at the hearing before the Circuit Judge without the consent of the Judges of Appeal, and then only for the strongest reasons, and in no cases should the costs of the extra evidence be allowed. The Minister also mentioned complaints had been made that Appeals from the County Court Judges were often rushed, mucn t'o the dissatisfaction of the litigants. The . answer to this is, that if sufficient time was not allowed in the Assize Time Table for the proper hearing of these Appeals (a matter which is easily remedied), the system of Appeals on oral evidence in local venues is not to be condemned on this account. One of the objects of the Courts of Justice Act was to bring the law to the doors of the people throughout the country, but I submit that having Appeals heard in Dublin on stenographer's notes in the presence of Counsel and Solicitor's only, is doing the very opposite to what was intended, and deprives the litigants of the gratification of havirig their cases fought out in their local venues, and of being satisfied that they have had a fair trial. I understand that the Bar Council, after very full consideration, drew up and forwarded to the Minister for Justice a state– ment strongly condemning the new system of appeal, and in which they set out their objections to it, and gave reasons showing how the prestige arid traditions of the Bar were seriously affected thereby. It is advisable that the taxpayers should know the cost to the public, independently of the cost to the litigant, of the staff of short– hand writers employed by the State, for the purpose of these Appeals. In the estimates for 1927-28 the sum of £5,500 is provided for

MR. ALFRED TATLC-W, Solicitor, died upon the 8th May, 1927, at nis residence, 3:-Upper Ely Place, Dublin.

The Gazette of the Incorporated Law Society of Ireland.

JUNE, 1927]

List of Statutes passed by the Oireachtas from 1st January, 1927, to Dissolution of Dail. 1. Coroners (Amendment). 2. Medical. 3. Local Government. 4. Constitution (Amendment No. 3). 5. Do. ( do. No. 4). 6. Do. ( do. No. 2). 7. Provisional Collection of Taxes. 8. Telephone Capital. 9. Defence Forces (Temporary Provisions i. 10. Circuit Court Appeals. 11. Central Fund. 12. Army Pensions. 13. Constitution (Amendment No. 5). 14. Local Elections (Dissolved Authorities). 15. Intoxicating Liquor. 16. Industrial and Commercial Property (Protection). 17. Railways (Road Motor Services.) 18. Finance. 19. Land. 20. Appropriation. 21. Electoral (Amendment). 22. Civic Guard (Acquisition of Premises) (Amendment). 23. Juries.

Mr. Tatlow was in Hilary Sittings, 1889, and practised formerly at 24 Anglesea Street, Dublin, and subsequently at 3 Upper Ely Place, Dublin, up to 1921, when he retired. MR. JAMES RYAN, Solicitor, died upon the 18th May, 1927, at his residence, " Innisfail," Thurles.' Mr. Ryan served his apprenticeship with the late Mr. Hugh T. Sayers, Cashel: was admitted in Hilary Sittings, 1903, and practised at Thurles. MR. JOSEPH J. MCGRANE, Solicitor, died upon the 21st May, 1927, at 14 Lea Road, Sandymount, Dublin. Mr. McGrane served his apprenticeship with Mr. M. L. Hearn and Mr. T. F. Burke, of Dublin ; was admitted in Michaelmas Sittings, 1910, and practised at 79 Dame Street, Dublin, up to 1920, when he retired. MR. FRANCIS MCBREEN, Solicitor, died upon the 29th May, 1927, at Broomfield, Bailieborough. Mr. McBreen was admitted in Hilary Sittings, 1887, and practised at Bailie- borough. __ MR. WILLIAM MCWILLIAM, Solicitor, died upon the 30th May, 1927, at Comber, Co. Down. Mr. McWilliam was admitted in Hilary Term, 1874, and practised at Monaghan up to 1895, when he was appointed Clerk of the Crown and Peace for the County Monaghan, which office he held up to 1926, when he retired. ____ New Members. The following have joined the Society : Daniel J. Browne, Tralee. Peter Canning, Ballinamore. George Crowley, 3 Lr. O'Connell Street Dublin. Matthew A. Farrell, Longford. Arthur Kenny, Tipperary. John S. MacNeice, Limerick. Sean McCurtin, Nenagh. Maureen McDowell, 3 College Green Dublin. Thomas F. McKeever, Drogheda. Archibald Robinson, 119 St. Stephen's Green, Dublin. admitted

24. Agricultural Credit. 25. Medical Practitioners. 26. Barrow Drainage. 27. Electricity (Supply).

Juries Act, 1927.

Under the persons absolutely exempted from serving as jurors, the following are included : Solicitors actually practising as such, including Solicitors employed at a salary or otherwise to render services as Solicitors exclusively to their employers. Persons actually employed as clerks on work of a legal character by Solicitors who are themselves exempted or entitled to be exempted as such Solicitors. this Act, among

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The Gazette of the Incorporated Law Society of Ireland.

DUNE, .1927

Intermediate Examination. The Intermediate Examination will be held in the Royal College of Surgeons Saint Stephen's Green Dublin on Friday 8th July. Notices of intention to attend should be lodged in the Secretary's Office 45 Kildare Street, Dublin, before 25th June. Solicitors' Golfing Society. The Competition for the Challenge Cup was held at Woodbrook, on June 2nd, in which fifty-six members took part. The following were the best cards returned : C. J. Rutherfoord ... 85 15 70 C. Magwood ... ... 94 22 72 P. C. Furlong ... ... 83 11 72 (Winner of prize for lowest gross score) B. Collins ... ... 97 24 73 J. O'Connor ... ... 88 15 73

In the afternoon a foursome against bogey was played ; Messrs. Darley and Rutherfoord tieing with Messrs. Tallan and Warren (all square). The Annual General Meeting was held in the evening, Mr. W. T. Sheridan, President, in the chair. The following officers were elected for the coming year : President The President of the Incor– porated Law Society of Ireland. Captain -Mr. Charles O'Brien. Committee— Messrs. J. Moore, G. Warren, B. Thompson, P. Seales, and J. T. Hamerton. Hon. Secretary— Mr. H. Horan. ALL communications connected with THE GAZETTE (other than advertisements) should be addressed to the Secretary of the Society, 45 Kildare Street, Dublin. R.

THE GAZETTE Knrnrjmrattb fain af Krdanfr.

Vol. XXI, No. 3.]

JULY, 1927.

f FOR CIRCULATION L AMONGST MEMBERS.

CONTENTS.

PAGE 12

Meeting of the Council

florf to frojvhtjiv---. .:. ~< Society's C&Iendar, 1927 ;Recent Legal Decision •Solifiitgro' Approntices. Debating Suueiy, Sesbiun- 1920-27 ••> <

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Vol. XXI, No. 3.]

JULY, 1927.

r FOR CIRCULATION L AMONGST MEMBERS

inations, the Secretary's Office, 45 Kildare Street, Dublin. 1928, can be obtained in

Meeting of the Council.

16th June. Twenty-four Members present. Inland Revenue Affidavits.

Society's Calendar, 1927. The Calendar can be obtained at 45 Kildare Street, Dublin. Price 5/-; by post, 5/6. Recent Legal Decision. In re A. C., a person of unsound mind, deceased. JUDGMENT OF THE CHIEF JUSTICE. Delivered the 24th June, 1927. COURT FEES (SUPREME COURT AND HIGH - COURT) ORDER, 1926. FEES IN LUNACY AND MINOR MATTERS This is an application by the Solicitor for the Committee of a deceased patient under the care of the Court, for an Order that he may be paid out of the funds in Court to the credit of the matter the sum of £2 18s. Od., made up of a number of items disallowed by the Taxing Master on the taxation of his costs in the matter. Notice of the applica tion was given to. the General Solicitor, Mr. Robinson, who attended on the taxation, and I have had the advantage of hearing Mr. Robinson on the question. The several items of charges in the applicant's Bill of Costs which the Taxing Master disallowed were Court Fees of one shilling per cent, demanded by and! paid to

The Council having drawn the attention of the Controller of the Stationery Office to the inferior quality of the paper upon which Inland Revenue affidavits are printed, a letter was read from the Controller in reply stating that after careful consideration it had been decided to print these documents in future on paper of superior .quality' and toughness. Dublin Circuit Court. A letter was read from the Hon. .Sec. of the Dublin Circuit Sessions Bar, drawing attention to the necessity of legislation so as -to permit of the appointment of an assistant Circuit Court Judge for Dublin. After dis cussion, the consideration of the matter was adjourned till next meeting of the Council, when the new Government would be in office. Examination and Lectures Regulations. Draft new Regulations under Section 8 of the Solicitors (Ireland) Act, 1898, were submitted and adopted.

Examinations, 1928.

The to be read for the Preliminary, Intermediate, and Final Exam. lists of books

F[JULY, 1927

The Gazette of the Incorporated Law Society of Ireland.

13

the Accountant of the Courts of Justice, on stocks and shares in public companies ordered to be transferred to the personal representative of the deceased patient on the discharge of the case out of Lunacy. ., $ The Taxing Master disallowed the items on the ground that the demand of the Accountant of the Courts of Justice was not warranted by the Court Fees (Supreme Court and High Court) Order, 1926, under which the claim was made, and that the Solicitors should not have paid the amounts charged. The General Solicitor has offered me a very clear argument in support of that ruling. Though the matter might at first sight appear perhaps doubtful, I have, upon an examina tion of the Order, no doubt in the conclusion at which I have arrived. The Court Fees (Supreme Court and High Court) Order, 1926, prescribes certain fees and percentages to. be taken in the Court Offices in respect of certain items as set out in a schedule to the Order. It is not a complete, self-contained Order regulating all the fees and percentages to be taken in respect of all the business in all the Offices of the Courts. It is expressly stated in Clause 2 to be an Order amending the existing fees and percentages, and it is provided that the existing fees and per centages are to remain in force, save where amended by that Order. Now, turning to the schedule to the Order, we find that it is divided into four com partments. The first three of these compartments or divisions of the schedule are distinguished from the fourth by the fact that they relate to the fees to be taken in certain offices, while the fourth relates to the fees to be charged in certain matters, and is •" so entitled—Lunacy and Minor Matters. The first compartment of the schedule, though not so headed, clearly prescribes fees to be taken in the Central Office and other Offices of the High Court. The second com partment of the schedule provides fees to be taken in the Taxing Office, and is so entitled. The third compartment of the schedule prescribes fees to be taken in the Accountant's Office, and is so entitled. The fourth com partment prescribes fees to be taken in

out of the operation of the first three parts of the schedule and are grouped apart for separate treatment. This may be tested on a point other than that raised on the present application.- The second part of the schedule, that prescribing fees to be taken in the Taxing Office, clearly does not apply to Lunacy and Minor Matters, because the fourth compartment of the schedule prescribes the fees for taxing bills in these matters. It is clear, therefore, that the only part of the schedule to the Order which applies to Lunacy and Minor Matters is the fourth part or division of the schedule, which is so entitled, and that none of the fees set out in the first three compartments of the schedule may be charged or taken in Lunacy or Minor Matters. The existing fees and percentages as amended by the fees and percentages set out in the fourth compart ment of the schedule to the Court Fees Order of 1926 are the fees and percentages to be charged and taken in Lunacy and Minor Matters. The Lunacy matters are very much more numerous than the Minor Matters (now dealt with in the same office), and the explanation of the separate treatment of these matters together is not far to seek. A statutory percentage is charged on the estates administered in the Lunacy Office (save in the case of very small estates exempted on account of poverty), and that percentage is paid in consideration of work done by the Officers of the Court. The other fees charged must obviously be modified accordingly. The fees which may be imposed in dealing with property in other cases where no such percentage is charged could not with any justice be imposed on the estates in Lunacy. Hence the differential treatment accorded to these cases in the matter of Court Fees. There was, therefore, no warrant in the Court Fees Order for the fees demanded and taken by the Accountant in the present case. The fees having been wrongly charged, I cannot accede to the application in the form in which it is made. I will, however, make an Order directing the Committee or his Solicitor to obtain a refund from the Accountant of the moneys erroneously exacted by him.

Lunacy and Minor Matters, and is so entitled. These matters as a class are taken i

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THE GAZETTE ato 0f

AUGUST, 1927.

Vol. XXI, No. 4.]

f FOR CIRCULATION L AMONGST MEMBERS.

' CONTENTS.

PAGE 16 17 17 ... 17, 18

Meetings of the Council Obituary New Members Recent Legal Decision Examinations Result

18 19 19 19

. . Solicitors' Apprentices Debating Society, Session 1926-27 Awards October Examinations, 1927 ... Lectures (Michaelmas Sittings) ' ...

Printed at Hely's Limited, Acme Works, Dame Court, Dublin.

THE GAZETTE OF THE

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lnr0rp0rat£Jb fain

AUGUST, 1927.

Vol. XXI, No. 4.]

• FOR CIRCULATION . AMONGST MEMBERS

" The Council desire to convey to the widow, family and relatives of Mr. O'Higgins sincere sympathy in their bereavement, and to the President and other members of the Executive Council respectful sympathy in the loss of eminent colleague." an 28th July. Nineteen Members present. The Governor-General. A reply was read from the Governor- General thanking the Council for their letter of sympathy with him in his bereavement through the death of Mrs. Healy. The late Mr. Kevin C. O'Higgins. A reply was read from the President of the Executive Council thanking the Council for their expression of sympathy on the death of Mr. Kevin C. O'Higgins, Vice-President, Minister for Justice and Minister for External Affairs. Circuit Courts. A letter in reply was read from the Secretary of the Department for Justice, acknowledging the resolution of the Council requesting the passage of a measure at an early date, renewing the power of the Minister for Justice to appoint temporary assistant Circuit Judges, and stating that the matter will receive consideration. The Bill for the purpose has since been introduced by the President of the Executive Council.

Meetings of the Council.

7th July. Twenty-one Members present. Circuit Courts.

The necessity of legislation with the object of renewing the power of the Minister for Justice to appoint temporary assistant Circuit Judges was further considered, and a resolution was passed requesting the Minister for Justice to have a measure passed at an early date for the purpose.

15th July. Thirteen Members present. Special Meeting.

The following resolution was proposed by the President, seconded by Mr. F. Fottrell, Vice-President, and passed unanimously :— " The President, Vice-Presidents and Council of the Incorporated Law Society of Ireland desire to express their horror at the foul murder of Mr. Kevin O'Higgins, who so ably filled the important offices of Vice-President of the Executive Council, Minister for Justice and Minister for External Affairs. " The Council record their deep sense of the loss which the Government of the Irish Free State has sustained through his death. " The Council held in admiration his statesmanlike qualities and his great administrative abilities.

, 1927

The : Gazette of the Incorporated Law Society of Ireland; '

17

Solicitor, .died ' ' '* Obituary: ; MR. EDWARD D^'&UNT upon the 4th July, 1927: :' Mr. Hunt was admitted in ttilary Sittings, 1894, and 'practised at Limerick. MR. FRANCIS G. MACSHERRY, Solicitor, died upon the 13th July, 1927, at Victoria Villa, Downpatrick. Mr'.' MacSherry served his apprenticeship with Mr. John W. Bell, Downpatrick ; was admitted in Hilary Sittings, 1902, and practised at Roscommon. New Members. The following have joined the Society :— Francis S. Collins, 21 St. Andrew Street, Dublin. Augustine S. McBreen, Bailieborough. Recent Legal Decision. HIGH COURT OF JUSTICE (ENGLAND). KING'S BENCH DIVISION. < Solicitors' Duty to Insured Motorists. WALSH v. JULIUS WHITE AND BYWATERS. (Before the Lord Chief Justice and a Special Jury.) Mr. Walsh's case was that in December, 1925, he was insured against third-party risks with the Motor Manufacturers' and Traders' Mutual Insurance Company, Limited, and that on December 26, 1925, a Mrs. Clara Sidders suffered injury through coming into contact with his- taxicab' in the South Lambeth Road, S.W. Mr. Walsh. notified the insurance company of the accident, and in January, 1926, of the fact that Mrs. Sidders had begun proceedings against him. In February, 1926, the defendants undertook the defence of the action on the instructions of the insurance company, but he alleged they failed to take certain steps and to attend certain summonses, with' the result that interlocutory judgment was signed against him, the damages being later assessed at £65 and the costs taxed-at £58 odd. In July the Sheriff entered Mr. Walsh's premises and

seized his'gooffs tb-sati'sfy flse- Mr. Walsh'hadto : ii)ay'him;i£72 odd •'•-The defendarits'denied-'any^negligeWce'br bfeach1 of'' duty;' and 'pleaded' :that'- ttey • -naW riot "been retained by or- on • be%alf -bf'-Mf.1 Walsh'and had not owed him any'duty-.' Alternatively, the}' said that they were riot provided with the necessary fund's'-'to: continue the defence of the action, and,' therefore, they had lawfully discharged themselves from the retainer. In July, 1928; the insurance company was'wound up'.' "•••• During counsel's speeches at the conclusion of the evidence, his ; Lordship pbirite'd1 out that from first to last there had not been one ; word of imputation on the honour 'or; the" honesty of the defendants. .,'' ;''•' ''"* The Lord Chief Justice; in summing^'up;''• .referred to the defendants' contention thaty in the circumstances of the case,'the- relation- ship of solicitor and client never existed •' between them and Mr. Walsh. The position in which Mr. Walsh had'found himself'Xvas, he said, that in which every person 'who was' insured against third-party risks- under a- common policy of insurance,, found himself when an accident occurred. 'If an authorita tive pronouncement of the law were necessary it was that it mattered not that a solicitor was introduced to a person by A, B, or C, or whether he was appointed to-'act directly by that person, or by. some individual, firm, or company who was acting as/that person's,, agent for the purpose. When, ; a ^solicitor, undertook the burden and. the,duty of acting, in proceedings in the name and on behalf of a person the relationship , of solicitor arid client was established between the solicitor and that person. '..:•'•' :.•;:..>'„• ; If it were otherwise, what could be'more inconvenient to use no harsher epithet than for a solicitor to begin or to1 defend.- pro ceedings in the name of and on behalf, of a person who was riot his client1—not only -from the point of view of that person but also from that of the other party to the action ? At every stage of proceedings if a party were not acting in person his solicitor' Was the .person on whom documents were served and to whom notices were given. If the solicitor were acting with- due and proper - diligence when notices were received and • documents were delivered he took the proper steps on

[AUGUST, 1927

The Gazette of the Incorporated Law Society of Ireland.

18

16. John J. B. Quigley. 17. Patrick J. Murphy. 18. John Healy. 19. Isadore V. Elyan. Patrick C. Moore. 21. James Doyle. 23. Basil A. Doyle. Laurence Gill. 25. George E. Henderson. Patrick J. McCarthy. 27. John M. Eyre. 28. Cornelius M. J. Daly. 29. PaulTighe. 30. George J. Geraghty Patrick F. Molony. Thomas P. Walsh. CLASS II. 1 . Edward F. English. Hugh B. Naughton. John J. Tully. 4. Dermot G. O'Donovan. 5. Peter V. Doyle. 6. Berenice I. Tarrant. 7. John F. Foley. Hugh G. Sweetman. 9. Francis Clohosey Robert L. McDonnell. 1 1 . Francis Burke. Michael J. Hogan. 13. Henry J, Downing. Edward W. Warren. 15. Patrick J. Durcan. 16. Vincent P. Corish. John J. Shee. 18. William J. Kavanagh Henry J. Simms. Thomas F. Twomey. 21. Robert G. M. Saunders. 22. Peter A. Fitzpatrick. 23. Louis Walsh, jun. Henry C. Woodcock. 25. Desmond J. O'Malley. 26. Michael P. McCarthy Dudley Walsh. The remaining candidates are Eighty candidates attended : 21 were postponed. John N. R. Macnamara

behalf of his client. If after he had come to the conclusion that the party for whom he had been acting had ceased to be his client he kept his name on the record and did not make it plain to his client and to the solicitor or party on the other side that he was no longer acting in the matter he exposed the person for whom he had been acting to all the consequences of reiterated default. A man who had a solicitor in name but not in fact was in a far worse position than if he had no solicitor at all. If the jury came to the conclusion that the relationship of solicitor and client had existed between Mr. Walsh and Mr. Bywaters did Mr. Bywaters do that which his duty required ? If he were negligent did the damages which Mr. Walsh claimed—the amount paid by him to the sheriff and the amount of the costs due to Mrs. Sidders— flow from that negligence ? The jury returned a verdict for the plaintiff, assessing the damages at £131 lls. lid. (Reported " The Times," 13th July, 1927.) Examination Result. At the Intermediate Examination held on 8th July, the following passed the examina tion and their names are classed and arranged in order of merit :— CLASS I. 1. Dermot Meagher. 2. William H. P. England \ . Fredrick Kelly. j equal. 4. Mary E. Smith.

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5. Thomas J. Fletcher. 6. Frederick W. Gilligan. . 7. John A. Harte. 8. James F. M. Egan. 9. Mary U. Kearns. Francis J. McEntee. Daniel J. O'Connor. 12. James G. A. Byrne. 13. Patrick J. Donnelly. 14. Gerard L. J. M. O'Brien. \ Finola M. O'Connor. ") J

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The Gazette of the Incorporated Law Society of Ireland.

AUGUST, 1927]

19

Solicitors' Apprentices Debating Society. AWARDS FOR SESSION OF 1926-27. ORATORY—

Lectures. MICHAELMAS SITTINGS.

Junior Lectures begin on Monday, 24th October, at two o'clock, p.m. The lectures will deal with Williams' Personal Property (exclusive of chapter on Bankruptcy). Senior Lectures begin on Tuesday, 25th October, at two o'clock, p.m. The lectures will deal with Snell's Equity and Williams' Real Property (24th edition). Notices of intention to attend either class should be lodged in the Secretary's Office, 45 Kildare Street, Dublin, before 12th October. Statutory Notice to Creditors. ELIZABETH BYRNE, late of Boley, Mountrath, in the County of Leix, and of 108 Pembroke Road, Dublin, and of the County Home, Mallow, in the County of Cork, Married Woman, Deceased. All persons having claims against the estate of the above-named Deceased who died on the 15th December, 1926, are hereby required to send particulars (in writing) of their claims to the undersigned Solicitor for the Executor, Reverend William Carey, C.C., Blarney, Co. Cork, on or before the 30th day of August, 1927 next, after which date the Assets will be distributed having regard only to claims of which notice shall have been received as above required. Dated 27th day of August, 1927. BARRY SULLIVAN, Solicitor, 25 Bank Place, Mallow. ALL communications connected with THE GAZETTE (other than advertisements) should be addressed to the Secretary of the Society, 45 Kildare Street, Dublin.

Gold Medal Silver Medal Special Certificate Certificate

J. J. Nash. W. H. P. England. J. C. O'Neffl. H. Good.

IMPROMPTU SPEECHES— Gold Medal

... J. J. Nash.

Silver Medal

... G. M. Counahan.

LEGAL DEBATE— Gold Medal Silver Medal

... J. J. Nash. ... J. Barrett.

October Examinations, 1927. The Final Examination will be held on 3rd, 4th and 5th days of October. Notices of intention to attend the examination should be lodged in the Secretary's Office, 45 Kildare Street, Dublin, before 20th September. The Intermediate Examination will be held on 7th day of October. Notices of intention to attend the examination should be lodged in the Secretary's Office, 45 Kildare Street Dublin before 20th September. The Preliminary Examination will be held on 10th and llth days of October. Notices of intention to attend the examination should be lodged in the Secretary's Office, 45 Kildare Street Dublin, before 26th September.